Assembly Bill A2370

2019-2020 Legislative Session

Enacts the "patient privacy protection act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A2370 (ACTIVE) - Details

See Senate Version of this Bill:
S6194
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §3102, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1254, S1514
2011-2012: A694, S3296
2013-2014: A2365, S1046
2015-2016: A242, S287
2017-2018: A1404, A9030, S243
2021-2022: A1490
2023-2024: A913

2019-A2370 (ACTIVE) - Summary

Enacts the "patient privacy protection act"; prohibits ex-parte interviews of other party's treating physicians or health care providers in personal injury, medical, dental, or podiatric malpractice, or wrongful death actions.

2019-A2370 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2370
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ,  WEPRIN,  MOSLEY  -- read once and
   referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  enact-
   ing the "patient privacy protection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title.  This act shall be known and may be  cited  as
 the "patient privacy protection act".
   §  2.   Section 3102 of the civil practice law and rules is amended by
 adding a new subdivision (c-1) to read as follows:
   (C-1) EX-PARTE INTERVIEWS. IN ANY ACTION  INVOLVING  PERSONAL  INJURY,
 MEDICAL, DENTAL OR PODIATRIC MALPRACTICE, OR WRONGFUL DEATH, NO PARTY OR
 ANYONE  ACTING  ON  BEHALF  OF A PARTY MAY EITHER DIRECTLY OR INDIRECTLY
 CONDUCT EX-PARTE INTERVIEWS WITH THE TREATING PHYSICIANS OR OTHER HEALTH
 CARE PROVIDERS OF ANY OTHER PARTY.   NOTHING IN THIS  SUBDIVISION  SHALL
 PROHIBIT AN ATTORNEY OR THE AGENT OR EMPLOYEE OF AN ATTORNEY WHO REPRES-
 ENTS  THE  PATIENT,  THE  ESTATE  OF THE PATIENT, OR THE NATURAL OR DULY
 APPOINTED GUARDIAN OF THE PATIENT WHOSE CONDITION IS  AT  ISSUE  IN  THE
 ACTION  FROM CONDUCTING EX-PARTE CONVERSATIONS WITH A TREATING PHYSICIAN
 OR OTHER HEALTH CARE PROVIDER OF THE PATIENT.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law  and  shall apply to all actions involving personal
 injury, medical, dental or  podiatric  malpractice,  or  wrongful  death
 filed  on  and  after  such date and to all such actions pending on such
 effective date except as to conduct prohibited by section  two  of  this
 act which occurred prior to such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01266-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.